Can my dad's wife of one week amend his will after he dies without letting the Beneficiaries know?

Question

My dad left his new wife (who forced him to marry her a week before his death) and my sister in charge of his will after he died. His new wife refuses to fork over copies of the will to my sister, only stating that its being amended. We had no idea she was doing this. Can she do that in california?? Any advice?? Help??

Answer 1

Highly unlikely. This raises issues of capacity, intent, fraud, deceit, etc...



Also, the wife can't posthumously amend the will the testator in any situation.



Edit: Randy is partially correct. If the testator dies without a will then the estate passes according to the intestacy laws of the state. Typically this means the wife gets 1/3 and the kids get 2/3 (or something similar depending on the state).



But if there's a will it trumps these laws, meaning the wife could get everything, or nothing, of anywhere in between.

Answer 2

It depends on whether she was put in the Will in such a way that it can be changed by her. Is the will in a Trust? If so is she the trustee? If not is she the Executor of the Will? If it isn't either of those then she has no right to even have possession of the Will, let alone change it.



This area of the law can be quite complex, I'd seek out a professional lawyer's help.

Answer 3

Your father's recent death is a sad occasion. Please accept my condolences.





you need a quality estate attorney and quickly.



anyone in possession of a Will is required to deposit it with the Probate Court [or which ever one serves that purpose in your state after the person dies. The Court will then sort out which is the most recent Will and appoint the person named in it as Executor [or whatever your state calls that office].



ALL assets of the deceased are then turned over to that Executor, who then pays the bills in order specified by state law, makes the bequests in the Will, pays the estate taxes [if any], and ends up dividing the net estate to the residual beneficiaries as specified in the will.



The Executor is responsible to the Court to do all of these things in a fair and honest manner and can be sued for any lapse in that.



***

Among other things, you may wish to discuss with your attorney the following:



1. is the recent marriage valid at all? A man has to be of sound mind in order to legally marry. If your late father was in the last stages of some serious illness [as seems likely], he may have been on so many painkillers or don't worry meds that he was not of sound mind at all.



2. a will can not be amended after the testator [deceased person] has died. If the new wife wishes to claim that he promised her xyz that aren't in the Will as it is currently written, then she has to do that to the Probate Court and produce witnesses to those claims -- which would make it almost impossible for her to be the Executor as well. [this might actually be good -- she won't have access to the assets.]



GL

Answer 4

It cannot be amended after he is dead. That is illegal. It is HIS Will, after all. It makes no difference whether or not she informs the beneficiaries. She is stupid to even have told you and her actions are suspicious. You should see a lawyer to make sure you all get what you are supposed to.



Also, what do you mean that he "left" her. Were they in the process of an annulment, after one week of marriage? It could be that she might be entitled to nothing if your father had started divorce proceedings. Definitely see a lawyer.

Answer 5

Provided he was mentally sound he can make what ever changes he wanted but I believe the changes had to be completed before he passed away otherwise the previous will is still in effect. HOWEVER, regardless of the changes, in most areas the fact that he died means all of his estate goes to his legal spouse...which it sounds like she was.

Answer 6

Not AFTER he died.

Answer 7

No she cannot amend the will. Only he can.

Answer 8

Get a lawyer and get one fast.